GOPIN KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that the present petitioner was working as Assistant Teacher with the respondents and he retired on 31st of July, 2006. As per the service book and the record of the services of the present petitioner which is at Annexure -1 to the memo of petition. Last pay drawn is more than Rs. 7850/ -per month and, therefore, retirement benefits ought to have been reckoned or calculated on the basis of pay scale at Rs. 7850/ -. Instead of doing this, respondents -corporation has passed the order at Annexure -2, for calculation of retirement benefits, on the basis of pay -scale at Rs. 6650/ -, without passing an order of reduction of pay -scale.

(2.) IT is also submitted by the learned counsel for the petitioner that never any order has been passed by the respondents, reducing the pay -scale of the petitioner from Rs. 7850/ -to Rs. 6650/ - Therefore, order at Annexure -2 is patently erroneous and againsts the provisions of law and, therefore, deserves to be quashed and set aside.

(3.) IT is also submitted by the learned counsel for the respondents that thereafter show cause notice was given and inquiry was conducted and the pay -scale was reduced and the order at Annexure - 2 is in consonance with the law and in the facts of the case.]